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The Environmental Permitting (England and Wales) Regulations 2016
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Radionuclides not of natural terrestrial or cosmic origin in background radioactivity
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8.—(1) A substance or article is not radioactive material or radioactive waste where—
(a)the substance or article is contaminated as a result of a climatic process, or a combination of such processes, by radionuclides which—
(i)are not of natural terrestrial or cosmic origin, and
(ii)are not present in the substance or article at a concentration that exceeds that found normally in such a substance or article in the United Kingdom, and
(b)in the absence of such contamination, the substance or article would not otherwise be radioactive material or radioactive waste under this Schedule.
(2) In this paragraph, a “climatic process” includes wind, precipitation and the general circulation of the atmosphere and oceans.
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